The Balearic Justice endorses the requirement of the COVID passport in bars and restaurants

The Superior Court of Justice of the Balearic Islands (TSJIB) accepted the request of the Balearic Government to temporarily extend the use of the COVID certificate to bars and restaurants with space for more than 50 consumers until January 24.

The ruling, signed by justices Gabriel Fiol Gomila, Fernando Socías Fuster and Alicia Ortuño Rodríguez, considered that the Government’s measure does not restrict fundamental rights, but rather limits them, as indicated by the Supreme Court.

“This Agreement aims to establish temporary and exceptional measures in the field of activity of certain establishments based on the level of health alert of the island where they are located. These measures are established for reasons of public health protection, within the framework of the health crisis caused by Covid-19 and as a consequence of the evolution of the epidemiological situation arising in the Balearic Islands, in order to make the development of these activities with the essential health security, and at the same time ensuring a high level of protection for citizens ”, says the order that approves the requirement of the COVID passport in bars and restaurants.

The ruling argues that “the display of the aforementioned documentation does not violate the right to equality since there is no discrimination between those who are vaccinated and those who are not. Let us remember that the documentation has a triple modality, which is accessible to all, so that those who do not want to show whether or not they have been vaccinated, taking into account its voluntary nature, can present the result of the PDIA test or the test of antigens, and of course the certificate of recovery of the Covid-19 if the infection has passed ”.

And it adds that “in any case, there is an objective and reasonable justification to allow or not access to the corresponding establishment, depending on whether this requirement has been met, since it is about the protection of the health and life of people, through a measure that prevents or restricts the spread of a pandemic ”.